Prison break?!: Analyzing the grant of bail on special and humanitarian grounds

• Main Authors: Acido, Patricia Nicole Y., Delfin, Karen M.
• Format: text
• Language: English
• Published: Animo Repository 2018
• Subjects: Bail > Philippines; Humanitarian law > Philippines; Criminal Law
• Online Access: https://animorepository.dlsu.edu.ph/etd_masteral/7264
• Institution: De La Salle University

The study examines the ruling of the Supreme Court in the August 2015 case of Enrile v. Sandiganbayan, wherein Senator Juan Ponce Enrile, who was being charged with plunder, a non-bailable offense, was granted bail on special and humanitarian grounds, specifically his political standing and ill health. The grant of bail was done through a Petition for Certiorari under Rule 65, without conducting a bail hearing, as provided for in the Rules of Court. The Supreme Court has previously granted bail in exceptional circumstances, but it does not adhere consistently to its own rules of procedure, which necessitate the conduct of a bail hearing. A lack of internationally binding and clear guidelines on what constitutes compelling humanitarian circumstances likewise leads to inconsistencies in granting bail on said grounds across different jurisdictions. Further, there is no Philippine law, nor international treaty, convention, or agreement which explicitly allows the grant of bail in non-bailable offenses on the ground of ill health and other alleged exceptional circumstances. However, considering that the Enrile case forms part of the law of the Philippines as it currently stands, the researchers recommend the adoption of policies and guidelines in the evaluation of bail applications on special and humanitarian considerations.